CPDM Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1478

CPDM Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1478

Because the parties' agreed decision to grant consent to the Amended Development Application subject to conditions was a decision the Court could have made in the proper exercise of its functions, including after consideration of the identified jurisdictional requirements and statutory planning controls, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
07 August 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No 0248/23 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; amended development application determined by grant of consent subject to conditions; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application Appeal' 'multi Dwelling Housing' 'deemed Refusal' 'conciliation Conference' 'integrated Development' 'development Consent Conditions' 'costs Thrown Away']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application Appeal' 'multi Dwelling Housing' 'deemed Refusal' 'conciliation Conference' 'integrated Development' 'development Consent Conditions' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No 0248/23 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Amended Development Application satisfied relevant jurisdictional and statutory requirements, including owners consent, integrated development requirements, BASIX requirements, contamination suitability, Ku-ring-gai Local Environmental Plan 2015 controls, Ku-ring-gai Development Control Plan 2015 provisions, and s 4.15(1) of the Environmental Planning and Assessment Act 1979.' 'Whether development consent should be granted for demolition of existing dwellings and construction of 13 multi-storey townhouses with related works at 5-9 Nulla Nulla Street, Turramurra.']

Ratio Decidendi

Because the parties' agreed decision to grant consent to the Amended Development Application subject to conditions was a decision the Court could have made in the proper exercise of its functions, including after consideration of the identified jurisdictional requirements and statutory planning controls, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; amended development application determined by grant of consent subject to conditions; applicant ordered to pay respondent's costs thrown away.

Orders

  • ["The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $14,700 within 28 days." 'The appeal is upheld.' 'Development Application No 0248/23, as amended, is determined by the grant of consent for the demolition of three...